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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

S DEVELOPMENT COMPANY et al v. COMMERCIAL INDUSTRIAL BUILDING OWNERS ALLIANCE INCORPORATED et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:13-cv-00911 Search Pacer
ACE Group party(s): 
Opposing Party: 
S Development Company
Court Type: 
Federal
US District Court: 
District of Arizona
Date Filed: 
May 3 2013

"Landmark American Insurance Company (hereinafter ',Landmark,') and Westchester Fire Insurance Company (hereinafter "Westchester"), defendants in the above-styled matter, within the time prescribed by law and pursuant to 2S U.S.C. $$ 1441 and 1446 and Local Rule 3.7 of the United States District Court for the District of Arizona' file this notice of removal, respectfully showing the Court as follows:

1.Plaintiff The S Development Company d/b/aBell Tower Apartments (hereinafter "Bell Tower") and Presidio North L.P. (hereinafter "Presidio North") in the above-styled matter have filed a complaint against Landmark, Westchester, and other various defendants in the Superior Court of the State of Arizona in and for the County of Maricopa, which county is within the District of this court.l The lawsuit is styled as above and is numbered as Case No. CV2012-053591.

2. In their first amended complaint, plaintiffs Bell Tower and presidio North have raised claims of declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing. Plaintiffs seek payment for two commercial property insurance claims. Upon information and belief, plaintiff have asserted an aggregate underpayment in excess of $650,000. The damages claimed in the lawsuit by each plaintiff separately and jointly exceed the sum or value of $75,000.00, exclusive of interest and costs. Landmark and Westchester, however, do not concede that it is guilty of any conduct that would war cant the imposition of any damages alleged by plaintiff.

3.Bell Tower is a corporation organized and existing under the laws of the State of Arizona, with its principal place of business located in paradise Valley, Arizona.

4.Presidio North is a limited partnership organized, and existing under the laws of the State of Arizona, with its principal place of business located in paradise valley, Arizona.

5.Upon information and believe all partners of Presidio North are citizens and residents of the State of Arizona. See Certificate and Agreement of Limited partnership of Presidio North Limited Partnership attached as Ex. I (listing general and limited partners as citizens of Arizona).2

6,Landmark is a corporation organized, and existing under the laws of the State of oklahoma, with its principal place of business located in Atlanta, Georgia. At no time has Landmark been organized and existing under the laws of the State of Arizona,nor at any time has its principal place of business been located in the State of Arizona.

7. Westchester is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located in Philadelphia, Pennsylvania. At no time has Westchester been organized and existing under the laws of the State of Arizona, nor at any time has its principal place of business been located in the State of Arizona.

8. Defendant Commercial Industrial Building owners Alliance, Inc. d/b/a CIBA Insurance Services (hereinafter "CIBA") is a corporation organized and existing under the laws of the State of California, with its principal place of business located in Glendale, california. upon information and belief, at no time has CIBA been organized, and existing under the laws of the state of Arizona, nor at any time has its principal place of business been located in the State of Arizona

9.Defendant certain underwriters at Lloyd's of London subscribing to policy nos. N08N403300, N08N403301, N08N403305, and N08N403306 are foreign entities, Upon information and believe no individual or entity that has subscribed to the Lloyd,s of London policies are citizens and residents of the State of Arizona, are organized and, existing under the laws of the State of Arizona, or have their principal places of business located in the State of Arizona.

10.Defendant Lexington Insurance company (hereinafter ,,Lexington,,) is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located in Boston, Massachusetts. Upon information and belief, at no time has Lexington been organized and existing under the laws of the State of Arizona, nor at any time has its principal place of business been located in the State of Arizona.

11.Defendant Ironshore Insurance Limited (hereinafter "Ironshore,,) is a foreign corporation' Upon information and belief, at no time has Ironshore been organized and existing under the laws of the state of Arizona, nor at any time has its principal place of business been located in the State of Arizona,

12.Defendant The Steadfast Insurance Company (hereinafter ,,Steadfast,,) is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located in Schaumburg, Illinois. Upon information and belief, organized and existing under the laws of the state of Arizona, nor at any time has its principal place of business been located in the State of Arizona.

13.Defendant Endurance American Specialty Insurance Company (hereinafter "Endurance") is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located in New york, New york. Upon information and believe at no time has Endurance been organized and existing under the laws of the State of Arizona, nor at any time has its principal place of business been located in the State of Arizona,

14.Defendant Lancashire Insurance Company (UK) Limited (hereinafter "Lancashire") is a foreign corporation. Upon information and belief, at no time has Lancashire been organized and existing under the laws of the State of Arizona,nor at any time has its principal place of business been located in the State of  Arizona.

15.Defendant Homeland Insurance Company of New York (hereinafter ,,Homeland,,) is a corporation organized' and existing under the laws of the State of New york, with its principal place of business located in Boston, Massachusetts. Upon information and belief at no time has Homeland been organized and existing under the laws of the State of Arizona, nor at any time has its principal place of business been located in the State of Arizona.

16.The amount in controversy in this lawsuit exceeds the sum or value of $75,000.00, exclusive of interest and costs, and there is complete diversity of citizenship between all plaintiff and defendants. Accordingly, this case is subject to the original jurisdiction of this Court under 28 U.S.C. ç 1332, and this case may be removed to this court pursuant to the provisions of 28 U.S.C. $$ 1441 and 1446.

17.Plaintiffs Bell Tower and Presidio North commenced this action against Landmark and Westchester on April 3,2013, by filing their first amended complaint in the Superior

Court of the State of Arizona in and for the County of Maricopa. Landmark was served with a copy of the summons and complaint on April 5,2013 by service upon the Arizona Department of Insurance. Westchester was served with a copy of the summons and complaint on April 5,2013 by service upon the Arizona Department of Insurance.

18.Pursuant to 28 U'S.C. $ 1446(b), this notice of removal is being filed within thirty (30) days of service of plaintiff Bell Tower and Presidio North's first amended complaint on Landmark and Westchester.

19.Attached to this notice of removal as Exhib it "2" is a true and correct copy of plaintifß Bell Tower and Presidio North's first amended complaint. Attached as Exhibit "3" are all process, pleadings, and orders served upon Landmark and Westchester in this case, as required by 28 U.S.C. $ 1446(a), together with all pleadings and other documents filed to date and counsel's verification, as required by Rule 3.7(b) of the Local Rules of the united states District court for the District of Arizona.

20.Defendants CIBA, Homeland, Endurance, Steadfast, Lexington, and Lloyd,s of
London all consent to the removal of this case to federal court.

21.As of the date of this notice of removal, defendants Ironshore and Lancashire have not yet been served with the summons and complaint, as amended.

22.Landmark and Westchester have given written notice of the filing of this notice of removal to plaintiff Bell Tower and Presidio North by mailing a copy of this notice to their attorney of record, Peter J. Moolenaar, Esq., DIOGUARDI FLYNN LLp, 7001 N. e Road, Suite 2060, Scottsdale , Arizona 95253

In compliance with 28 u.s,c. $ 1446(d), Landmark and Westchester have given written notice of the filing of this notice of removal to the Clerk of the Superior Court, Maricopa County, Arizona,2Ol West Jefferson Street, Phoenix, Arizona, a copy of which is attached to this notice of removal as Exhibit,,4,',
WHEREFORE, defendants Landmark American Insurance Company and Westchester Fire Insurance Company respectfully pray that the above-captioned lawsuit be removed to the United States District Court for the District of Arizona."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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